The And Criminal Law For Misappropriation Of Personal Health Information ( Phi ) Essay

1644 WordsSep 14, 20167 Pages
Question set 1 1. Who can sign a medical release form (authorization) to obtain PHI? According to Gartee (2011), Privately Held Information is meant to be safeguarded, but there are times when the information in them is needed for varied purposes. When that is the case, then authorization can be given by the patient or the healthcare provided. A patient that is incapacitated will need a guardian to sign. At the same time, a minor can also use a guardian to sign the release form on behalf of the patient. Within the release form, there should be the name of the facility with holding the PHI; the specific information needed to be released, the name of the person the PHI is released to and the purpose of the release (Iyer et al., 2006). 2. What are the civil and criminal penalties for misappropriation of personal health information (PHI)? Misappropriation of PHI involves staff of the health facilities or any other person that is not authorized to have the health information of another. For that the penalties according to the US Department of Justice are; a penalty of up to fifty thousand dollars and incarceration of up to one year for those who knowingly obtain and disclose PHI of another person. Iyer et al. (2006) further agrees that, One hundred thousand dollars is the penalty for accessing PHI under pretense and incarceration of up to five years. Obtaining PHI for the purpose of selling, using for personal gain, malice or using them for commercial purposes attract a

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